Jones v. State
| Docket Number: | 2009-CT-02033-SCT Linked Case(s): 2009-CA-02033-COA ; 2009-CA-02033-COA ; 2009-CT-02033-SCT ; 2009-CT-02033-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 07-18-2013 Opinion Author: Randolph, P.J. Holding: Court of Appeals affirmed in part, reversed in part; Circuit court affirmed in part, reversed in part; Sentence vacated and remanded for resentencing. |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-23-2011 Opinion Author: Maxwell, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Juvenile offenders - Retroactive application Judge(s) Concurring: Waller, C.J., Dickinson, P.J., Lamar, Pierce and Coleman, JJ. Dissenting Author : Kitchens, J. Dissent Joined By : Chandler and King, JJ. Procedural History: PCR Nature of the Case: PCR Writ of Certiorari: Yes |
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| Trial Court: |
Date of Trial Judgment: 11-19-2009 Appealed from: Lee County Circuit Court Judge: Thomas J. Gardner Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: CV08-099(G)L |
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| Note: | The Supreme Court affirmed in part and reverse in part the Court of Appeals’ judgment and the trial court’s denial of post-conviction relief. The original Court of Appeals opinion can be found at http://courts.ms.gov/Images/Opinions/CO72094.pdf | |
| Party Name: | Attorney Name: | |||
| Appellant: | Brett Jones |
SYLVIA S. OWEN
THOMAS HENRY FREELAND, IV |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Post-conviction relief - Juvenile offenders - Retroactive application |
| Summary of the Facts: | Brett Jones was convicted of murder and sentenced to life in prison. His conviction and sentence were affirmed by the Court of Appeals. The Supreme Court granted Jones leave to seek post-conviction relief. The circuit court denied his motion, and the Court of Appeals affirmed. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | In Miller v. Alabama, 132 S. Ct. 2455 (2012), the U.S. Supreme Court held “that the Eighth Amendment forbids a sentencing scheme that mandates life in prison without the possibility of parole for juvenile offenders.” Jones’s conviction and sentence became final in 2006, more than five years before Miller. Thus, the Court must determine if Miller applies retroactively to cases on collateral review. Miller explicitly prohibits states from imposing a mandatory sentence of life without parole on juveniles. Thus, Miller rendered our present sentencing scheme unconstitutional if, and only if, the sentencing authority fails to take into account characteristics and circumstances unique to juveniles. When the Miller Court announced a new obligation prohibiting the application of our existing substantive law, it modified Mississippi substantive law and is to be applied retroactively to cases on collateral review. Thus, the case is remanded for a new sentencing hearing. |
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